Conditions Générales

Part I- Application

1. These terms and conditions (the “Terms”) apply in the situations set out in section 2 below and, once accepted, form a binding agreement between you (“You”) and Pure International Limtied, Concept House, Home Park Road, Kings Langley, WD4 8UD, United Kingdom (“Pure”, “We”, or “Us”)

2. The Terms apply in respect of the following:

2.1. Your use of the following websites (each a “Website” and together, the “Websites”):

4. Copies of these Terms are available upon request by writing to Pure’s General Counsel at the address set out in section 1 above.

5. These Terms are separated into the following constituent parts:

5.1. Part 2 applies to the your use of the Websites;

5.2. Part 3 applies to your use and purchase of services and subscriptions from connect.pure.com;

5.3. Part 4 applies to instances where You provide Us with your personal details;

5.4. Part 5 applies in all circumstances.

Part II- Use of the Websites

6. Your use of any part of the Websites constitutes your acceptance of these Terms, which takes effect on the date on which You first use the Websites. If you do not agree with these Terms, you should cease using the Websites immediately.

Access, Amendments and Acceptable Use

7. We reserve the right to change these Terms at any time without notice to you, by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of the Websites after changes are posted constitutes your acceptance of the amended Terms.

8. We may include additional rules and requirements for using parts of the Websites (for example, competition rules or for chargeable services). You are responsible for reviewing all information on the Websites in relation to your particular use of the Websites and complying with any applicable rules or requirements. You agree to comply at all times with any instructions given by Us for the use of the Websites from time to time.

9. You are responsible for bringing these Terms to the attention of all persons accessing the Websites through your internet connection.

10. You must not interfere with another person’s use of the Websites or otherwise act in a way that negatively affects another person’s use of the Websites.

11. You are responsible for checking the content of the Websites and (if applicable) restricting its access to minors under your control.

12. You shall not use the Websites in any way that in any respect:

12.1 is in breach of any law, regulation, order, or bye-law of any applicable jurisdiction;

12. 5 impersonates any other person or body or misrepresents a relationship with any person or body;

12.6 may infringe or breach the copyright of any intellectual property rights (including, without limitation, copyright, trade mark rights and broadcasting rights) or privacy or other rights of us or any third party;

12.7 may be contrary to Pure’s interests;

12.8 is contrary to any specific rule or requirement that We stipulate on the Websites in relation to a particular part thereof or the Websites generally; or

13. You hereby grant to Us an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which You submit to Us or the Websites for the purpose of use on the Websites or for generally marketing (by any means and in any media) our products or services generally. You agree that You waive your moral rights to be identified as the author and We may modify your submission.

Availability, Accuracy and Security

14. Whilst We endeavour to make the Websites available 24 hours a day, We will not be liable if, for any reason, the Websites are unavailable at any time or for any period. We make no warranty that your access to the Websites will be uninterrupted, timely or error-free; due to the nature of the internet, this cannot be guaranteed. In addition, We may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.

15. Access to the Websites may be suspended or withdrawn to or from You personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Websites for any reason. If We impose restrictions on You personally, You must not attempt to circumvent such restrictions e.g. by using the Websites under any other name or user.

16. Whilst We endeavour to ensure that the information and materials on the Websites (including, without limitation, details about our products and services) are correct, no warranty, express or implied, is given that they are complete, accurate or up-to-date and We do not accept any liability for any errors or omissions. If You place orders through or as a result of using the Websites, You are responsible for ensuring that your orders contain all the necessary and accurate information.

17. The contents of the Websites are intended for convenience only. Nothing on the Websites shall constitute advice specific to your circumstances or a recommendation. We do not suggest that any product or service mentioned on the Websites is either available to You or complies with laws outside of England and Wales.

18. We do not warrant that the Websites will be compatible with all hardware and software which You may use. Although We may put in place security measures for your protection, We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Websites or your obtaining any material from, or as a result of using the Websites. We shall also not be liable for the actions of third parties in breaching any security measures.

Trade Marks

19. A full list of Pure’s trade marks may be found at www.pure.com/trade-marks/. You are not permitted to reproduce or use these trade marks in an infringing manner without permission from Us. All other logos, products or trade marks (registered or unregistered) are the property of their respective owners.

Third Party Websites and Content

20. The Websites may contain links or access to other websites (for example, internet radio stations). We have no control over and accept no responsibility for the content of such linked or accessible sites or services. The links and access are provided “as-is” with no warranty, express or implied, for the information provided within such sites or services.

21. In addition, the Websites and the websites and services provided by third parties through the Websites may contain advertising content provided by other third parties. We have no control over and accept no responsibility for that content. Those adverts are the responsibility of the advertisers. We make no warranty, express or implied, for the information or content within those adverts.

22. You must not, without our permission, frame any of the Websites onto your own or another person’s website.

23. We hereby grant to You a revocable, non-exclusive, royalty-free right to provide a link from your website to a Website, provided You do so in a fair and legal manner without damaging our reputation or taking advantage of it for your own gains. In particular:

23.1. You shall not make any warranties or representations about Us or our affiliates or our products, service or policies except with our express authorisation;

23.2. You shall not say anything that is false, misleading, derogatory or offensive about Us or our affiliates or our products, services or policies; and

23.3 You shall not suggest, expressly or impliedly, that We have endorsed you website or are associated with it where this is not the case.

Part III- Subscription to and Purchase of Services

24. This Part 3 of the Terms, together with Parts 1, 4 and 5, govern your access to and purchase of our music streaming services (“Services”) via the Websiteconnect.pure.com or via the Pure Connect user interface application (“App”) on a smartphone or tablet device.

25. All music, photographs and other material which are available through our delivery of the Services (“Content”) is owned and controlled by Us or others, including recording artists, songwriters, musicians and/or their representatives and agents. The Services are provided to you in conjunction with 7digital Inc (“7digital”). In particular, all online purchases of downloadable Content supplied by Sony Music Entertainment are sold directly by Sony Music Entertainment Downloads LLC to You, through 7digital as agent. You are not be authorised to copy or share the Content except as expressly permitted by these Terms.

26. The Services and the Content are available for your personal, non-commercial use only.

27. To access the Services, You will require a compatible terminal or device and software. Acquisition of such compatible items are your responsibility and We accept no liability for the Services where You attempt to access them from devices or using software that is not compatible or does not meet the minimum system requirements (including sufficiency of internet bandwidth and/or speed).

28. You agree to use the Services in a responsible manner and not do anything that would amount to a breach of these Terms, including but not limited to the following:

28.1. acting in any way that would damage or disable the Website, App or Services;

28.2. impersonate another individual in order to access the Website, App or Services;

28.3. use the Website, App, Services or any Content or other material obtained through the Services for commercial purposes;

28.4 attempt to harvest e-mail addresses of other personal information through the Website, App or Services;

28.6. use the Website, App or Services to send junk mail or other unsolicited messages to other users of the Website, App or Services.

29. The software used to provide the Services (“Software”) is owned by or licensed to Us or our software suppliers. You may use the Software only for the purpose of using the Services in accordance with these Terms and You acquire no other rights in the Software of any sort. In particular, You are not permitted to sell or otherwise distribute any part of the Software; modify, adapt, translate or reverse engineer any part of the Software; attempt to breach any security mechanisms or to access, tamper with or use any parts of the Software to which access is not authorised; use the Software for any illegal, unlawful, harassing, abusive or fraudulent purpose; or use the Software for any commercial purpose.

30. In some cases subject to registration and the payment of a fee, the Services allow you to:

30.1. access and listen to internet radio stations;

30.2. “listen again” to certain content by way of on-demand streaming;

30.3. listen to our catalogue of “Sounds” by way of on-demand streaming;

30.4. listen to playlists in ‘offline’ mode (i.e. without the need for a live internet connection)

30.5. purchase the limited right to download digital content from our download store (up to 5 user downloads per track), subject to the takedown process outlined in section 30.8;

30.6. store digital music tracks which you have purchased from our store on our personal remote locker service, which will enable you to stream those tracks on-demand to a registered Pure device, subject to the takedown process outlined in section 30.8; and

30.7. obtain a subscriptions enabling You to use the Shazam® tagging service during any applicable subscription period.

30.8 In the event that a Content owner, rights holder or distributor has issued a valid takedown request to 7Digital and/or Pure, the subject Content shall no longer be available for download. This will not affect Content that has already been downloaded to a device.

31. For those elements of the Services where You are required to register for an account (“Account”) in advance, You will need to follow the online registration instructions. To register, You will be required to provide Us with certain personal information and to select password. For more information on what We do with and how We safeguard your personal information, see sections 46 to 55 below.

32. The decision to accept a registration is in our sole discretion and We reserve the right to refuse to register or cancel an Account at any time.

33. Certain elements of the Services (including additional elements that may be added to the Services offering from time to time) are only available for the payment of a fee. By placing an order for a fee-paying Service, You are warranting that You are over 18 years of age and legally capable of entering into binding contracts for the purchase of goods and services. If You are under 18 years of age and wish to purchase Services, You will need to ask a person who is over 18 years old to do so on Your behalf. Such person will also be bound by these Terms.

34. Subscription-based Services usually require advance payment of a monthly fee, but this is subject to information provided at the point of sale. To subscribe, You will be required to confirm your personal details and provide payment information. For information on how we handle your payment information, see sections 54 to 55 below.

35. Each subscription period for a subscription-based Service lasts for one (1) month and will be renewed automatically unless stated otherwise when You sign-up for a subscription. You have the right to decide not to renew a subscription by unticking the autorenew box in “My Account” section of the website prior to the date of autorenewal.

36. Where We offer a free trial period of subscription-based Services, You will be required to submit your payment details. You will not be charged any fee during the trial. Each trial period for a subscription-based Service lasts for one (1) month (unless stated otherwise on a Website) and will be renewed automatically unless stated otherwise when You sign-up for a trial. You have the right to decide not to renew a subscription by unticking the autorenew box in “My Account” section of the website, but You must do so at least 24 hours prior to the autorenewal date which will be displayed on the “My Account” webpage.

37. When placing an order for an online purchase of downloadable Content, downloads will be commenced automatically after your payment has been processed. For that reason, We will be unable to cancel a purchase once it has been made.

38. We shall not be obliged to accept a request to purchase downloadable Content until We have received confirmation that payment has been authorised and funds received from our third party payment processor, MiPay. We also reserve the right to refuse to accept a request to purchase downloadable Content if there are territorial restrictions which prevent Us from doing so.

39. All payments for downloadable Content must be made via your digital wallet (“Wallet”) which is operated for Us by MiPay. You will need a valid credit which You are authorised to use in order to open a Wallet. We reserve the right to reject applications to open Wallets or to close existing Wallets if We have reason to believe that your identity is false or that You otherwise do not have the authority to use the credit card used to open the Wallet. You may forfeit any funds in a Wallet in such circumstances.

40. You may top up your Wallet at any time. Cleared payments are processed immediately and your credit is usually available in your Wallet within minutes. However, in some cases it may take several hours for a Wallet to be credited with a top-up amount.

41. You can at any time request that we transfer back to you any debit funds in your Wallet and We shall be entitled to impose a small administration charge of £2.50 in respect of each such return to cover our costs. We reserve the right to close any Wallets that remain inactive for more than 24 months and to retain any debit balances in such Wallets that amount to less than £10.

42. You agree that You will not use your Wallet in breach of any law or regulation and will not use your Wallet for the purpose of money laundering or storing the proceeds of crime.

43. You are responsible for monitoring access to your Wallet and maintaining the secrecy of your username and password. We shall not be liable for any purchases made from your Wallet inadvertently or without your express consent.

44. Prices quotes for the purchase of downloadable content are inclusive of VAT unless otherwise stated. Such prices are subject to change at any time.

45. No refunds will be issued in connection with any Content that has been removed in connection with a valid takedown request.

Part IV- Your Details

45. By accepting these Terms, You agree to us collecting and using your details in accordance with these Terms. The details that we will collect from you from time to time will either be Personal Data (defined below), Payment Data (defined below), or Technical Data (defined below).

Personal Data

46. We will collect the following personal details (“Personal Data”) from You when You register for an Account, subscribe to and/or purchase Content or Services from the Websites, or when You register a Pure product for a manufacturer’s warranty:

46.1. Your name;

46.2. Your date of birth;

46.3. Your address;

46.4. Your e-mail address; and

46.5. Your Account password;

46.6. Your Account security question.

47. We will retain your Personal Data on our secure servers and use your Personal Data for the following purposes:

47.1. to administer your Account and communicate with You in relation to your Account;

47.2. to provide You with technical support (including software upgrades);

47.3. to process payments;

47.4. to offer You recommendations based on your listening history;

47.5. to send You details of and promotions in relation to our products and services;

47.6. for product or market research purposes (for which We may contact You from time to time); and

47.7. to detect fraud and abuses of the Websites.

48. We will only retain your Personal Data for as long as is necessary and only such Personal Data that is relevant to for the purposes set out in Section 47 above. We will only use your Personal Data in a way that is fair to You.

49. We may also pass details of your Account to third parties, but we will ensure that such details are anonymised so that You cannot personally be identified from them (“Anonymised Data”). Anonymised Data may be provided to third parties to enable such third parties to provide targeted advertising to your Account based on your listening history and preferences.

50. You have the right to ask us not to process your Personal Data (whether or not in an anonymised form) for marketing purposes. You may exercise this right at any time by contacting Us via our contact form write to us at the address at the beginning of these Terms. You also have the right to access information held about You. Your right of access can be exercised in accordance with the Data Protection Act 1998. Any access request may be subject to a fee of £10 to meet our costs in providing You with details of the information We hold about You.

51. We will also collect usage data in relation to your Account to enable Us to make improvements to the Websites, the Services and the products or other services that We offer.

52. By accepting these Terms and submitting your Personal Data to Us, you consent to your Personal Data being transferred, processed and stored outside of the European Economic Area (“EEA”). Some places outside of the EEA may not have adequate data protection laws at all or may offer differing levels of protection of personal information which are not as high as in the UK. You acknowledge that, provided We have used your Personal Data in accordance with these Terms, We cannot be held responsible for any use of your Personal Data by third parties who use or process your Personal Data.

53. You warrant to Us that any Personal Data submitted by You or on your behalf is accurate and not misleading and that You will be responsible for keeping your Account and Personal Data up to date. You also warrant that, when submitting Personal Data on behalf of someone else, You have full authority to do so.

Payment Data

54. When opening a Wallet and/or subscribing for subscription-based Services, We will also require You to submit your payment details e.g. payment card number, expiry date and CCV number, (“Payment Data”). Any Payment Data You supply will be provided directly to MiPay; We will not have access to or retain any of your Payment Data. However, from time to time We may receive from MiPay certain redacted details, such as the final four digits of your credit card number, in order to enable Us to process your purchases and administer your Account.

55. For details on how MiPay will handle, process and safeguard your Payment Data, please review MiPay’s Privacy Policy and Terms of Use presented during a payment.

Technical Data

56. We will also collect certain technical information (“Technical Data”) from You when You access and use the Websites (including the individual pages thereof) from time to time. The Technical Data We will collect are as follows:

Cookies

57. The Websites use cookies to collect information. Cookies are small data files which are placed on your computer or other mobile or handheld device (such as smartphones or tablets) as You browse the Websites. They are used to ‘remember’ when your computer or device accesses the Website. The cookies are essential to the effective operation of our Websites and to enable You to navigate and use the Websites and shop with Us online. Cookies are also used to tailor the products and services offered and advertised to our customers, both on the Websites and elsewhere.

58. The following is a list of cookies that are set by the websites:

Cookie name

Cookie purpose

ASPSESSIONIDACSATTTT

This cookie allows our web servers to respond to your actions on the website such as 'Login' and 'Register'. The website wouldn't work for you without it.

img_info

This cookie allows us to remember who you are and allows us to retrieve your login information upon request.

_utma, _utmb, _utmc, _utmz

These cookies enable the function of Google Analytics Software. Google Analytics helps us take and analyse visitor information such as browser usage, new visitor numbers and response to marketing. That information helps us to improve the website and your experience, and to make our marketing campaigns relevant. The data stored by these cookies can be seen only by Pure and Google and never shows any confidential information.

59. In order to change your cookie settings, visit the following webpage for guidance: http://www.pure.com/cookies/. Note that if You disable cookies in your cookie settings, You may be unable to make purchase through one or more of the Websites.

IP Addresses and Device Details

60. We may collect information about your computer or device, including your IP address, operating system and browser type, to enable us to effectively administer our systems, identify improvement areas and to report aggregate statistical (non-personal) information to our advertisers about browsing patterns and actions.

61. Where You have registered a particular product with Us and linked that product to your Account, we will also receive technical data related to that product, including details of your listening activity in relation to such product. In the event that You resell such product or no longer want it to be linked to your Account, it is your responsibility to inform de-activate the link between your Account the product, or to inform Us so that We may perform this task on your behalf. In the event that We disclose your Personal or Technical Data to a third party as a result of your failure to do so, We shall have no responsibility or liability to You in that respect.

Part V- General Terms

Age Restricted and Objectionable Material

62. Certain Content may be unsuitable for those under a certain age and/or may contain a parental advisory, for example songs including profane or explicit lyrics. It is your responsibility to ensure that You do not access or permit others to access such content where which is only suitable for people over 18 years of age.

63. We endeavour to remove unsuitable material on the Websites, but You may come across material that You find objectionable or offensive. You agree that You use the Websites and Services at your own risk and We will have no liability to You for such material. If You discover Content that You consider to be unsuitable, please report it to Us and We will investigate.

Technical Problems

64. We will endeavour to resolve any technical difficulties or glitches which may impact the operation of the Websites and/or the Services. However, We shall have no liability to You for any failure, defects or delays in delivery caused by:

64.1. your provision of incorrect or incomplete information;

64.2. your computer or other hardware device failing to meet the minimum technical requirement for the Services;

64.3. your failure to comply with instructions for use of the Services; or

64.4. any event which is outside of our control.

Termination

65. Notwithstanding the above in respect of the duration of any subscription, We may, in our sole discretion, terminate or suspend your access to the Websites or Services without notice to You if You are in breach of these Terms. Termination or suspension of your access shall not affect any other right or relief to which We may be entitled in respect of any breach.

Disclaimer and Liability

66. The views and comments on content accessible from the Websites or via the Services are those of the authors and do not necessarily reflect the views of Us or any of our officers or employees. We will not be responsible or liable for any material, information or data supplied by anyone else and accessible from the Websites/Services.

67. We make no warranty that the Websites or Services will be suitable for all of your requirements, that any content will be accurate or reliable, that the functionality of the Websites and Services will be uninterrupted or free of errors, bugs, or viruses which may be harmful of destructive.

68. You shall fully and promptly indemnify Us against all damages, proceedings, claims, demands, liabilities, losses, charges, costs and expenses which We may suffer or incur as a result (directly or indirectly) of any breach by You of any obligation on You under the Terms.

69. We accept liability for death or personal injury caused by our negligence, or for our fraudulent misrepresentation or for any liability that We cannot exclude or limit at law.

70. To the extent permitted by law and, subject to section 69 above, to the extent permitted by law:

70.1. Our maximum liability to You (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your access to, use of or inability to access or use the Websites or Services or any material therein, or from any action or decision taken by You as a result of your access to the Websites/Services or any material therein, shall be £100;

70.2. We shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your access to, use of or inability to access or use the Websites or Services or any material therein, or from any action or decision taken by You as a result of your access to the Websites/Services or any material therein, for any (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business or opportunity; (j) loss of operation time; (k) loss of, damage to or corruption of data; whether or not such losses were reasonably foreseeable or had been advised to Us of the possibility of You incurring such losses. For the avoidance of doubt, items (b) to (k) above apply whether such losses are direct, indirect, consequential or otherwise.

71. Nothing in these Terms shall affect your statutory rights as a consumer.

International Use

72. Some of the Content may be restricted by territory and therefore may be unavailable in your location. You are not permitted to circumvent (or attempt to do so) such territorial restrictions by providing false information or by any other means.

73. If You are accessing the Websites outside of the UK on a permitted and lawful basis, certain elements of these Terms may not apply to You and You may have certain additional statutory rights in respect of Your use of or access to the Websites and/or Services.

Force Majeure

74. We shall not be liable or responsible for any delay or failure to perform, any of our obligations under these Terms if such delay or failure result from events, circumstances or causes beyond our control.

Severability

75. In the event that any provision or part of a provision of these Terms is or is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such provision or part thereof shall be severed from these Terms and the remainder of these Terms shall survive and remain in full force and effect.

Governing Law and Jurisdiction

76. These Terms shall be governed by and construed in accordance with English law and You and We hereby submit to the jurisdiction of the English courts in relation to any dispute or controversy concerning these Terms or the Websites or Services.

77. You hereby agree to abide by all laws applicable to the jurisdiction in which you access, use or subscribe to the Websites or Services and we shall have no liability of any nature for any breach by You of such laws.

Contact Us

78. You may contact us in relation to these Terms, the Websites or the Services by one of the following methods: